Prosecutor drops sex crime charge against former N.Y. Gov. Andrew Cuomo

The Albany County district attorney announced Tuesday he is dropping the misdemeanor sex crime charge against former New York Gov. Andrew Cuomo.

In a statement, District Attorney David Soares cited a lack of evidence in his decision not to pursue the charge against the Democrat who is accused of forcibly touching his then-executive assistant Brittany Commisso at the Executive Mansion in 2020.

“While many have an opinion regarding the allegations against the former governor, the Albany County D.A.’s Office is the only one who has a burden to prove the elements of a crime beyond a reasonable doubt,” Mr. Soares said. “While we found the complainant in this case cooperative and credible, after review of all the available evidence we have concluded that we cannot meet our burden at trial.”

The decision came three days before Mr. Cuomo was scheduled to be arraigned on the charge.

Prosecutors in Nassau County and Westchester County also decided last month not to move forward with sex crime charges against Mr. Cuomo.

The former governor stepped down in August after New York Attorney General Letitia James published the results of an investigation that found he had sexually harassed 11 women, many of whom were his staffers or other state employees.

The nearly five-month probe launched in March found that Mr. Cuomo had engaged in unwanted kissing, groping and hugging and made inappropriate comments. 

Ms. Commisso filed a complaint with the Albany County Sheriff’s Office in August saying he slid his hand up her blouse and groped her breast while they were alone at the governor’s executive mansion last year. 

“I knew, and he knew, too, that that was wrong,” Ms. Commisso told investigators for the attorney general’s office. “And that I in no way, shape or form invited that, nor did I ask for it. I didn’t want it.”

Mr. Cuomo has repeatedly denied the allegation.

“I would have to lose my mind to do some – such a thing,” he told the investigators. “It would be an act of insanity to touch a woman’s breast and make myself vulnerable to a woman for such an accusation.”

Two months after Ms. Commisso submitted her complaint, Albany County Sheriff Craig Apple’s office filed a criminal complaint against the former governor on Oct. 28.

Mr. Soares accused Mr. Apple of “unilaterally and inexplicably” filing the complaint without contacting him. 

One week later, Albany City Court Judge Holly Trexler granted Mr. Soares’ request to delay the arraignment from November to January because Mr. Soares said the filing was “potentially defective” since it did not include a sworn statement from the victim.

The sheriff, however, has defended the complaint and said the court paperwork was quickly processed before he had an opportunity to contact Mr. Soares.

Last week, Westchester County District Attorney Mimi Rocah decided not to bring charges against Mr. Cuomo after a New York State Police trooper and another unidentified woman told state investigators the former governor gave them unwanted hugs and kisses on their cheeks.

Mr. Cuomo testified that he usually did not ask staffers for permission before hugging them and that he “will customarily” kiss people on the cheek if he feels “it’s appropriate.”

A few days earlier, acting Nassau County District Attorney Joyce Smith also declined to bring charges against Mr. Cuomo after the state trooper told state investigators he touched her inappropriately several times, including touching her stomach and running his finger down her spine.

Both prosecutors said the claims were credible but they could not pursue criminal charges.

In December, Mr. Cuomo’s brother, Chris Cuomo, was fired from his job as a CNN anchor after Ms. James released records from her investigation showing that he previously downplayed how much he helped his brother combat the sex scandal claims.

According to the records, Chris asked his personal media sources for information on the sexual misconduct claims and the women involved.

On Monday, an attorney for Mr. Cuomo said Manhattan District Attorney Alvin Bragg dropped his probe into the former governor’s handling of nursing homes during the coronavirus pandemic.

Federal prosecutors, however, are still investigating allegations that Mr. Cuomo’s staff purposely revised a health department report last year.

Ms. James, a Democrat, is also probing claims that Mr. Cuomo made his former staffers write, edit and promote his memoir while on the clock. 

The former governor has denied the allegations.

Mr. Cuomo’s attorney Rita Glavin and Mr. Bragg’s office both declined to comment.

This article is based in part on wire reports.